Estate and Trust Dispute Center of Ohio

It’s no secret that there is an uptick in probate and trust disputes. Recent estimates suggest that $124 trillion ($124,000,000,000,000) will transfer generations in the next two decades – part of the “Great Wealth Transfer.” The American Bar Association predicts that this wealth transfer will result in a “probate storm” of inheritance disputes as assets transfer from the wealthier boomer generation to the financially-stalled Millennials and Gen-Z. (Once again, Gen-X is often the “forgotten generation” in this discussion… but, we know they are increasing their roles caring for aging family members).

These disputes are not new – one-third of people 50 and older state they have experienced conflict in their family because of inheritance.  When a parent dies, the infrastructure of the family changes (and sometimes falls apart). But, with the changing demographics, conflicts over assets are expected to increase.

According to a recent survey reported in USA Today, about one-third of adult children believe it is likely that inheritance will create a conflict among siblings. This could be in part because the same survey found that about  71% of parents want to divide their assets equally among children, while nearly half of children would prefer that division be “fair.” What is fair is tough to say: some children say it should be based on what the next generation needs and others would prefer it divided based on merit (such as additional inheritance to the caregiver-child). Nearly half of adult children would prefer financial support now (as opposed to a larger inheritance later), but only 14% of parents prefer to give now. Underlying this hesitation are the parents’ concerns about running out of money, long-term care costs, and broader economic issues like inflation.

So, how can you prepare to weather the upcoming “probate storm”?:

• Get your plan in place early – and check it often. Reminger’s Estate Planning Group can help you plan for the transfer of your assets after death as well as how to manage your assets if you at some point lose capacity. Most adults should have at least a basic Last Will & Testament and powers of attorney in place. It’s never too soon to make a plan – but, there are times it is too late. A change in life circumstances (new child, death of spouse) are cause to review your plan with your lawyer. A thoughtful plan, prepared with the help of seasoned estate counsel, can prevent estate disputes from arising.
• Talk with your family. Parents are encouraged to discuss their thoughts and motivations with their children. Many of the underlying disputes are because the child(ren) affected do not understand the plan. While you may not want to share specific dollar figures, if you plan to leave assets in unequal shares, it can help the whole family to understand the reason. Even if not fully discussed with the family, these reasons should be discussed with your lawyer so that she can advocate for your intent should it be challenged after your death.
• Plan for long-term care. Prices are only increasing for assisted living and full nursing care. While long-term care insurance may be an option, the useful policies are few and far between and are increasing in expense. Instead, you may want to meet with an Elder Law attorney to determine if there are steps you can take now to preserve your assets for your family and still qualify for Medicaid or other benefits for your care needs. You or your spouse may also be entitled benefits through the Veteran’s Administration based on armed forces service. This type of planning is especially important as one spouse starts to need increased care while the other spouse may still remain in the home. Reminger’s elder law attorneys can help you navigate your options.
• Choose the right lawyer for the dispute. If a conflict does arise, you need an experienced probate litigator on your side. While many lawyers have experience preparing wills and trusts, or handling probate administration, far fewer lawyers can manage will and trust contests, breaches of fiduciary duty cases, complex probate litigation, and trial work. Reminger’s estate, trust & probate litigation attorneys focus specifically on these unique disputes. Our attorneys have decades of experience handling probate litigation from day one through successful jury verdicts. Your dispute deserves the best team to make sure your rights (and the intent of the decedent) are properly protected.

While the “probate storm” may come whether we like it or not, choosing the right lawyer and taking early steps to protect your estate plan can make all the difference. We are ready to assist you every step of the way.

Source: Medora, L. (2026, Sep. 14) Inheritance fights can induce family drama. USA Today, B1.